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Res No 032-21-15652RESOLUTION NO.032-21-15652 A Resolution of the Mayor and City Commissioners of the City of South Miami to engage the Miami Dade Art in Public Places Program for implementation of commissioned projects through the County's Art in Public Places Trust and Professional Advisory Committee in compliance with the City's Art in Public Places Ordinance. WHEREAS, the City enacted Section 7-17 known as the City's Art in Public Places Ordinance; and WHEREAS, Section 7-17 provides for the creation of an Art in Public Places Trust and a Professional Advisory Committee; and WHEREAS, the Miami -Dade County Art in Public Places Program provides services to municipalities that fulfil the same function as the City's Art in Public Places Trust and the City's Professional Advisory Committee; and WHEREAS, the City's Professional Advisory Committee is required to be composed of art professionals who must be paid for their services; and WHEREAS, the function of the City's Art in Public Places Trust can best be served using the Miami Dade County Art in Public Places Trust which has experience overseeing the Miami Dade County's Art in Public Places Program; and WHEREAS, Miami Dade County has offered to provide the services of the County's Art in Public Places Program for a fee equal to 15% of the funds collected by the City pursuant to the City's Art in Public Places program for the full implementation of the program. The fee may be adjusted depending on the complexity, scope of services, and or duration of the applicable project. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City of South Miami Commission hereby invokes its authority pursuant to Section 7-17(6)(j) and 7-17(7)(f) of the City of South Miami Code of Ordinances. The City will not create a City Art in Public Places Trust or a Professional Advisory Committee at the present time and, instead, the City will engage Miami -Dade County Art in Public Places Program for implementation of public art projects in compliance with the City's Art in Public Places Ordinance. Pagel of 2 Res. No. 032-21-15652 Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 23`d day of March 2021. ATTEST: APPROVED: CITY &ERK fAAYOR READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXEC I N THER CM ATTORNEY COMMISSION VOTE: 4-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Item NoA. City Commission Agenda Item Report Meeting Date: March 16, 2021 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commissioners of the City of South Miami to engage Miami Dade County to provide the services of an Art in Public Places Trust and a Professional Advisory Committee and to fulfil those requirements of the City's Art in Public Places Program and to provide full implementation of the program. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Res EngagingMDCsBd of Trustees Prof Adv Commsk.doc Res EngagingMDCsBd of Trustees Prof Adv Commsk - MDC APP Comments.doc 1